Traditional Culture Encyclopedia - Tourist attractions - Is it illegal to take a taxi? Does the highway department have the power to enforce the law?

Is it illegal to take a taxi? Does the highway department have the power to enforce the law?

1, Didi taxi itself is not illegal, but it is illegal for private cars without operating licenses to run Didi.

2. Highway departments have law enforcement power.

According to Article 9 of Chapter II of the Regulations on Road Transport Management, it is required to have relevant qualifications to engage in passenger transport services. At present, most drip truck drivers are charged for engaging in transportation services without operating licenses. The road administration department has the right to punish those who engage in the transportation industry without a license.

Extended data;

Specific contents of the Regulations of the People's Republic of China on Road Transportation:

Chapter I General Principles

Article 1 These Regulations are formulated for the purpose of maintaining the market order of road transport, ensuring the safety of road transport, protecting the legitimate rights and interests of all parties involved in road transport and promoting the healthy development of road transport.

Article 2 Those engaged in road transport operations and road transport-related businesses shall abide by these Regulations.

The road transport business mentioned in the preceding paragraph includes road passenger transport business (hereinafter referred to as passenger transport business) and road cargo transport business (hereinafter referred to as freight transport business); Road transport related businesses include station (field) operation, motor vehicle maintenance operation and motor vehicle driver training.

Article 3 Road transport operators and road transport-related businesses shall operate according to law, be honest and trustworthy, and compete fairly.

Article 4 Road transport management shall be fair, just, open and convenient.

Article 5 The State encourages the development of rural road transport and takes necessary measures to increase the shuttle bus rate in towns and administrative villages to meet the needs of farmers' life and production.

Article 6 The State encourages road transport enterprises to carry out large-scale and intensive operations. No unit or individual may block or monopolize the road transport market.

Seventh the State Council transportation departments in charge of the national road transport management.

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 transport within their respective administrative areas.

Road transport management institutions at or above the county level shall be responsible for the specific implementation of road transport management.

Chapter II Road Transport Operation

Section 1 Passenger Transport

Article 8 To apply for passenger transport business, the following conditions shall be met:

(1) Having a vehicle that is suitable for its business and has passed the inspection;

(two) there are drivers who meet the conditions stipulated in Article 9 of these regulations;

(3) Having a sound safety production management system.

Those who apply to engage in the passenger transport business of the class line shall also have a clear line and site plan.

Article 9 A driver engaged in passenger transport business shall meet the following conditions:

(a) to obtain the corresponding motor vehicle driver's license;

(two) the age is not more than 60 years old;

(3) No record of major or above traffic accidents within 3 years;

(four) the municipal road transport management institutions with districts have passed the relevant passenger transport laws and regulations, motor vehicle maintenance and passenger first aid basic knowledge examination.

Article 10 An applicant who applies to engage in passenger transport business shall, after going through the relevant registration formalities with the administrative department for industry and commerce according to law, apply in accordance with the following provisions, and submit relevant materials that meet the conditions stipulated in Article 8 of these Regulations:

(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.

The road transport management institution that accepts the application in accordance with the provisions of the preceding paragraph shall complete the examination within 20 days from the date of accepting the application and make a decision on approval or disapproval. If the license is granted, the road transport business license shall be issued to the applicant, and the vehicle operation license shall be issued to the vehicle put into transport by the applicant; If the license is not granted, it shall notify the applicant in writing and explain the reasons.

Where an application is made to engage in passenger transport business across provinces, autonomous regions and municipalities directly under the Central Government, the road transport management institution of the relevant province, autonomous region or municipality directly under the Central Government shall consult with the road transport management institution of the province, autonomous region or municipality directly under the Central Government where the transport line arrives before issuing the road transport business license in accordance with the provisions of the second paragraph of this article; If negotiation fails, it shall be reported to the transportation department of the State Council for decision.

Eleventh passenger transport operators who have obtained the road transport business license need to increase the number of passenger lines, and shall go through the relevant procedures in accordance with the provisions of Article 10 of these regulations.

Twelfth road transport management institutions at or above the county level shall consider the supply and demand situation of the passenger transport market, universal service and convenience for the masses when reviewing passenger transport applications.

When there are more than three applicants on the same line, the licensing decision can be made through bidding.

Thirteenth road transport management institutions at or above the county level shall regularly publish the supply and demand of passenger transport market.

Article 14 The operating period of passenger lines is 4 to 8 years. If it is necessary to extend the business license of the passenger line at the expiration of the operating period, it shall re-apply.

Fifteenth passenger transport operators need to terminate the passenger transport business, it shall inform the original licensing authority within 30 days before the termination.

Sixteenth passenger transport operators should provide passengers with a good ride environment, keep the vehicles clean and tidy, and take necessary measures to prevent illegal acts that infringe on the personal and property safety of passengers during transportation.

Seventeenth passengers should hold valid tickets, abide by the order of riding, pay attention to civilization and hygiene, and are not allowed to carry dangerous goods and other prohibited items stipulated by the state.

Eighteenth class line passenger transport operators shall provide continuous transport services to the public after obtaining the road transport business license, and shall not suspend, terminate or transfer the class line transport without authorization.

Nineteenth engaged in chartered passenger transport, should be in accordance with the agreed starting point, destination and route transportation.

Engaged in tourist passenger transport, should be in the tourist area in accordance with the tourist routes.

Twentieth passenger transport operators shall not force passengers to ride, and shall not dump passengers or blackmail passengers; Transport vehicles shall not be replaced without authorization.

Section 2 Transportation of Goods

Article 21 To apply for engaging in freight business, the following conditions shall be met:

(1) Having a vehicle that is suitable for its business and has passed the inspection;

(two) there are drivers who meet the conditions stipulated in Article 22 of these regulations;

(3) Having a sound safety production management system.

Twenty-second drivers engaged in freight business shall meet the following conditions:

(a) to obtain the corresponding motor vehicle driver's license;

(two) the age is not more than 60 years old;

(3) Having passed the examination of relevant freight laws and regulations, basic knowledge of motor vehicle maintenance and knowledge of cargo handling and storage by the municipal road transport management institution with districts (except for drivers who use ordinary freight vehicles with a total mass of 4,500 kg or less).

Article 23 An applicant who applies for engaging in the transport of dangerous goods shall also meet the following conditions:

(1) Having more than five vehicles and equipment specially used for transporting dangerous goods that have passed the inspection;

(2) Having drivers, loading and unloading management personnel and escorts who have passed the examination by the transportation department of the municipal people's government with districts where they are located and obtained post qualification certificates;

(3) Special vehicles for transporting dangerous goods are equipped with necessary communication tools;

(4) Having a sound safety production management system.

Article 24 Anyone who applies for engaging in freight business shall, after going through the relevant registration formalities with the administrative department for industry and commerce according to law, apply in accordance with the following provisions, and submit relevant materials that meet the conditions stipulated in Articles 21 and 23 of these Regulations respectively:

(1) applying to the county-level road transport management institution for engaging in the transport of goods other than the transport of dangerous goods;

(two) engaged in the transport of dangerous goods, apply to the municipal road transport management institution with districts.

The road transport management institution that accepts the application in accordance with the provisions of the preceding paragraph shall complete the examination within 20 days from the date of accepting the application and make a decision on approval or disapproval. If the license is granted, the road transport business license shall be issued to the applicant, and the vehicle operation license shall be issued to the vehicle put into transport by the applicant; If the license is not granted, it shall notify the applicant in writing and explain the reasons.

Where an ordinary freight vehicle with a total mass of less than 4,500 kilograms is used to engage in general freight business, it is not necessary to apply for a road transport business license and a vehicle business license in accordance with the provisions of this article. ?

Twenty-fifth freight operators shall not transport goods prohibited by laws and administrative regulations.

For the goods that can be transported only after going through the relevant procedures as stipulated by laws and administrative regulations, the freight operator shall check the relevant procedures.

Article 26 The State encourages freight operators to carry out closed transportation to ensure environmental sanitation and cargo transportation safety.

Freight operators shall take necessary measures to prevent the goods from falling off and scattering.

When transporting dangerous goods, necessary measures should be taken to prevent the burning, explosion, radiation and leakage of dangerous goods.

Twenty-seventh transport of dangerous goods should be equipped with necessary escorts to ensure that dangerous goods are under the supervision of escorts, and obvious signs and numbers of dangerous goods are hung.

When consigning dangerous goods, it shall explain the name, nature and emergency disposal methods of the dangerous goods to the freight operators, and pack them in strict accordance with the relevant provisions of the state, and set up obvious signs.

Section 3 * * * Provisions on Passenger Transport and Cargo Transport

Twenty-eighth passenger transport operators and freight operators should strengthen the safety education and professional ethics education for employees to ensure the safety of road transport.

Road transport practitioners shall abide by the operating rules of road transport and shall not operate illegally. Drivers must not drive continuously for more than 4 hours.

Twenty-ninth enterprises that produce (refit) passenger vehicles and freight vehicles shall calibrate the approved quantity or load capacity of vehicles in accordance with the provisions of the state, and it is strictly forbidden to bid in excess of or below the approved quantity or load capacity.

Passenger transport operators and freight transport operators shall use vehicles that meet the standards prescribed by the state to engage in road transport operations.

Thirtieth passenger transport operators and freight operators should strengthen the maintenance and inspection of vehicles to ensure that vehicles meet the technical standards prescribed by the state; Scrap, unauthorized modification and other vehicles that do not meet the requirements of the state shall not be used for road transport operations.

Thirty-first passenger transport operators and freight operators shall formulate road transport emergency plans related to traffic accidents, natural disasters and other emergencies. The emergency plan shall include reporting procedures, emergency command, emergency vehicles and equipment reserves and disposal measures.

Thirty-second traffic accidents, natural disasters and other emergencies, passenger transport operators and freight operators should obey the unified dispatch and command of the people's governments at or above the county level or the relevant departments.

Thirty-third road transport vehicles shall carry the vehicle operation license with them and shall not be transferred or leased.

Thirty-fourth road transport vehicles to transport passengers, shall not exceed the approved number, shall not be in violation of the provisions of the cargo; Passengers shall not be transported when transporting goods, and the transported goods shall meet the approved load capacity, and overloading is strictly prohibited; The length, width and height of the goods shall not violate the loading requirements.

In violation of the provisions of the preceding paragraph, the traffic administrative department of the public security organ shall be punished in accordance with the relevant provisions of the Road Traffic Safety Law of the People's Republic of China.

Thirty-fifth passenger transport operators and dangerous goods transport operators shall respectively insure passengers or dangerous goods against carrier liability insurance.

Chapter III Road Transport Related Business

Article 36 To apply for operating a road transport station (field), the following conditions shall be met:

(a) the transport station (field) that has passed the acceptance test;

(2) Having corresponding professionals and managers;

(3) Having corresponding equipment and facilities;

(4) Having sound business operation rules and safety management systems.

Article 37 To engage in motor vehicle maintenance business, the following conditions shall be met:

(a) there is a corresponding motor vehicle maintenance site;

(2) Having necessary equipment, facilities and technical personnel;

(3) Having a sound motor vehicle maintenance management system;

(4) Necessary environmental protection measures.

According to the conditions stipulated in the preceding paragraph, the transportation department in the State Council shall formulate the business standards for motor vehicle maintenance and operation. ?

Article 38 To apply for motor vehicle driver training, the following conditions shall be met:

(a) to obtain the qualification of enterprise legal person;

(2) Having a sound training institution and management system;

(3) Having teaching staff and management personnel suitable for the training business;

(four) there are necessary teaching vehicles and other teaching facilities, equipment and venues.

Article 39 Anyone who applies for engaging in the training business of road transport stations (fields) and motor vehicle drivers shall, after going through the relevant registration formalities with the administrative department for industry and commerce according to law, apply to the local county-level road transport management institution, and attach relevant materials that meet the conditions stipulated in Article 36 and Article 38 of these regulations respectively.

The road transport management institution at the county level shall complete the examination within 15 days from the date of accepting the application, make a decision on approval or disapproval, and notify the applicant in writing.

Engaged in motor vehicle maintenance and management shall, after going through the relevant registration formalities with the administrative department for industry and commerce in accordance with the law, file with the local county-level road transport management institution, and attach relevant materials that meet the conditions stipulated in Article 37 of these regulations. ?

Fortieth road transport station (field) operators shall conduct safety inspection on outbound vehicles, prohibit unlicensed vehicles from entering the station to engage in business activities, and prevent overloaded vehicles or vehicles without safety inspection from leaving the station.

Road transport station (field) operators shall treat the passenger transport operators and freight operators who use the station (field) fairly, and shall not refuse road transport vehicles to engage in business activities without justifiable reasons.

Road transport station (field) operators shall provide safe, convenient and high-quality services for passengers and shippers; Keep the station (field) clean and tidy; Do not arbitrarily change the purpose and service function of the station (field).

Article 41 Road passenger station (field) operators shall reasonably arrange the frequency for passenger transport operators, announce their transport routes, stops, transport frequency, departure time and fares, dispatch vehicles to stop and start, guide passengers and maintain the order of getting on and off.

Road passenger station (field) operators shall set up service facilities such as passenger ticket purchase, waiting, luggage storage and consignment, sell tickets according to the approved vehicle passenger quota, and take measures to prevent people carrying dangerous goods from entering the station.

Forty-second road freight transport station (field) operators shall load, unload, store and keep the goods in accordance with the business rules stipulated by the transportation department of the State Council.

Forty-third motor vehicle maintenance operators shall maintain motor vehicles in accordance with the relevant technical specifications of the state, ensure the quality of maintenance, and shall not use fake and inferior parts to maintain motor vehicles.

Motor vehicle maintenance operators shall publish the man-hour quota and charging standard for motor vehicle maintenance, charge reasonably, and provide a detailed list of maintenance expenses after the maintenance service is completed.

Forty-fourth motor vehicle maintenance operators shall carry out maintenance quality inspection when carrying out secondary maintenance, assembly repair or vehicle repair. If the inspection is qualified, the maintenance quality inspector shall issue a motor vehicle maintenance certificate.

Motor vehicle maintenance implements the quality guarantee period system. During the quality guarantee period, if the motor vehicle cannot be used normally due to the quality of maintenance, the motor vehicle maintenance operator shall maintain it free of charge.

The specific measures for the quality guarantee period system of motor vehicle maintenance shall be formulated by the transportation department of the State Council.

Forty-fifth motor vehicle maintenance operators shall not undertake the maintenance of scrapped motor vehicles, and shall not modify motor vehicles without authorization.

Forty-sixth motor vehicle driver training institutions shall conduct training in accordance with the syllabus prescribed by the the State Council Municipal Department of Transportation to ensure the quality of training. After the training, the participants shall be issued with a certificate of completion.

Chapter IV International Road Transport

Forty-seventh the State Council transportation departments shall promptly announce to the public the international road transport routes determined by the bilateral or multilateral road transport agreements signed by the Chinese government and the governments of relevant countries.

Article 48 An applicant who applies for engaging in international road transport business shall meet the following conditions:

(1) An enterprise legal person that has obtained a road transport business license in accordance with the provisions of Articles 10 and 24 of these Regulations;

(two) engaged in road transport business in China for 3 years, no major road traffic accidents.

Article 49 Anyone who applies for engaging in international road transport shall apply to the road transport management institutions of provinces, autonomous regions and municipalities directly under the Central Government, and submit relevant materials that meet the conditions stipulated in Article 48 of these Regulations.

The road transport management institutions of provinces, autonomous regions and municipalities directly under the Central Government shall complete the examination within 20 days from the date of accepting the application, and make a decision on approval or disapproval. If it is approved, it shall be filed with the competent department of transportation of the State Council; If it is not approved, it shall explain the reasons to the parties concerned.

International road transport operators shall go through the relevant formalities with the relevant departments according to law with the approval documents.

Fiftieth China international road transport operators shall indicate the China nationality identification mark in the prominent position of the vehicles they put into transport.

When the vehicles of foreign international road transport operators are transported within the territory of China, they shall indicate their nationality identification marks and drive according to the prescribed transport routes; Shall not change the transport route without authorization, and shall not engage in road transport business with China as the starting and ending place.

Article 51 International road transport management institutions established at ports shall strengthen the supervision and management of international road transport at import and export shores.

Article 52 The permanent representative offices established in China by foreign international road transport operators according to law shall not engage in business activities.

Baidu Encyclopedia-Regulations of the People's Republic of China on Road Transportation